Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1887-01-21

night OF the MURDER, ne SalO, III Will Do
easy enough for me to prove where was.
Every place went to [ met somebody
that knew me-" He denied, too, that he
had ever worn watch key to the end of
the chain from which the key had been
broken. But witnesses on the trial swCre
he had. and identified the key found at
the reservoir as his. Some scratches he
had on his hand he told the officers was an
eruption. His father. however, testified
that they were made by his falling against
fence. The counsel for the defense
made as strong a fight as could be made
for client who would neither let them
attempt to prove an alibi nor let them
attempt TO prove to certainty that the
fatal watch key found at the spot of the
murde was not his property.
THE CONVICTION.
It was on Tuesday night, June 4, 1885 j,
nearly ti.TseNnonths asser~ the dead was
committed that Cluverius was convicted.
Each juror, SOMETHING unusual in grave
cases, put in ballot of Murder in the
first degree" on the very first ballot
For the sake of appearances they
staid in the jury room a few min
utes longer. When they came in With
their verdict and it was announced
Cluverins did not finch nor move mus
Gle. A great crowd followed after the
carriage in which be was taken back to
jail. shouting vvclferolsly. He remarked
to an officer, "They shout as if John w
Daniel was speaking" AS he entered the
jail voice in the crowd cried, Good
night. Cousin Tommiel'' Cluverus turn.
ed and gave a CHASTITY smile, but said moth
ing. His conduct in the jail after COL
vction was as imperturbable as it had al
WAYS been. He was sentenced to be hung
in November, but an appeal was taken TO
the Supreme Court.
THE REJECTION OF THE APPEAL.
The Supreme Cosrt of Appeals at
Wytheville, in May, 1886 decided. by fou,
to one, that the conviction of Thomas j.
Cluverius of murder in the first degree of
Fannie Lillian Madison, by the Hastings
court, was warranted by the evidence.
and that no defect in the trial could b.
found to warrant giving new trial
Judge Fauntleroy read the opinion. The
opinion of the court rejecting Cluverius's
appeal rejected all of the bills of exception
presented by his counsel. There were
nine of them. One because a jurYman
was rejected by the judge because he had
m ado q hnf u hOnt q ouI Of no iot
one because Of the rejection of juror for
having expressed an opinion about cir
cumstantial evidence; one as to Jhe man
ner Of impanneling the jury; one because
the torn note written by Lillian and ad-
dressed to Z. j. Cluverius had been ad-
mitted as evidences; another because the
Laura Curtis" letter had been admitted:
and four others of not great Importance
! In the opinion Judges Fauntleroy and
Lewis fully concurred, Judges Richardson
and Lacey cencurred as to the result, and
only Judge Hinton dlssented The fol-
lowing are the closing paragraphs of the
! opinion:
1--WE have reviewed this most volumin-
Gus record of the proceedings Of the
| Hastings Court in this protracted and
difficult trial. and We find no errGr of law
or OF fact which would justify this appel
late court in interfering with the yerdic
of the jury or the judgment of the court
THE prisoner has had, q fair and i'm
partial trial. He has been defended but
, in the Hastings Court and in This couI
Of review. by able. experienced ard mos
faithful counsel and the law has bee
INDICATED in the result.
'Justice to the prisoner and mercy t.
all the innocent public, whom The impu
nifty and second offence of the prisone
would 'after-gall,' alike demand that b,
shall now pay the penalty of his i'm
and, answering with his life for fis to
deed, live not to act another. The JUDI
ment OF the H ustings Court is affirmed
THE NEWS CARRIED TO THE PRI,-
| ONER.
Before Judge Fauntleroy had proceeded
| far IN reading the opinion. W, ich j. took
several hours to deliver.a friend of Cluve
rlks. who lives in Richmond and was q
listener, became satisfied that it Was uD.
favorable and fastened to the Jail and III
formed him of it. After the reading Was
ended tho city sergeant went to the jal
to acquaiDt the prisoner of it. He found
reply to the city sergeant, said he already
: knew it and that he was surprised at it
that ''he had hoped for different result. .
He was dressed in light spring gray suit
and was sitting at desk in the Jail dis.
pensary. He was calm. The sergeant
told him that he would now have to be
mole closely confined and that an officer
(the death watch) would hereafter sleep il
his cell with him. Toe only emotion that
Ciuverius showed after the rejection
his appeal by the Court of Appeals Y
shown in an interview with a reporter of
the Dispatch The reporter at his de-
sire went to his cell. G. having expressed
a wish to thank him for the fairness with
which that paper had treated him. On
going in, the prisoner rose and tears gath.
cred in his eyes as he said: II thank you;
know you would not expect me to have
anything to say"
THE FINAL APPEAL.
After appealing to the Supreme Court
and being refused a rehearing, Cluverius
appealed to the Governor for commute
ton. He accompanied it with statement
Of his whereabouts on March 18th. remark
able for the fact that be does not men,
tinn tho IF ho ri nj ri
nor admit having seen her. 1t was here
that The fatal watch-key reappeared, for
the Governor had it opened by the Jews1
who identified his work, and therebZ
kew given hin hu l,lifsfarins IN, m